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iiiiiiiiiiiiiiuiii <br />999 <br />Mountain Coal Company <br />West Elk Mine <br />Post Office Box 591 <br />Somerset, Colorado 81434 <br />Telephone 303 929-5015 <br />Fax 303 929-5595 <br />RECEIVED <br />JAN 0 9 1995 <br /> <br />January 6, 1995 <br />Mr. Michael Long <br />Director, Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Mountain Coal Company, NOV No. C-94-033 <br />Dear Mr. Long: <br />Division of Minerals s Geoiogy <br />Mountain Coal Company (Mountain Coal) requests an informal conference on NOV No. C-94-033, issued <br />by the Division of Minerals and Geology (Division) on November 8, 1994. Mountain Coal prefers that this <br />informal conference be held no later than Monday, January 30, 1995. That date is one week prior to the <br />deadline for filing a request with the Mined Land Reclamation Board for a formal review of this NOV. <br />Mountain Coal requests that a representative of the Attorney General attend the informal conference, as the <br />question on review hinges on the interpretation of the Division's regulations. <br />The fundamental question to be resolved upon revie++' of this NOV is how the Division's regulations define <br />"permit area." Mountain Coal acknowledges that the surveying of the legally defined mid-line of Section <br />19 showed that mining occurred beyond this line. 1 hope that the Division will also acknowledge the fact <br />that Mountain Coal did not mine beyond the permit line depicted on Map 1 of the West Elk Mine permit. <br />The Division's own (and only) definition of "permit area" is the permit boundary line sho+m on the map. <br />See Regulations, § 1.04(89); accord. (West Elk Mine Permit a[ page I.0-3.) By definition, then, Mountain <br />Coal has not mined outside its permit area. <br />Another copy of approved Map 1 that included the boundary is enclosed for your personal review (this <br />permit boundary does not exist on the current, approved Map 1, since final approval of Permit Revision <br />No. 5.) Upon review, I am confident you will understand Mountain Coal's position. <br />Mountain Coal appreciates your continued attention to this matter. We look forward to a useful discussion <br />of this issue. <br />Sincerely, <br />+nI~.DG . Sc.~.t.~-' <br />Phil G. Schmidt, <br />Engineering Manager <br />cc: S.W. Anderson T.L. O'Cotmor <br />G.E. DiClaudio K.G. Welt <br />